BILL NUMBER: SB 1552	CHAPTERED  09/27/00

	CHAPTER   695
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 25, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 29, 2000
	AMENDED IN ASSEMBLY   AUGUST 24, 2000
	AMENDED IN ASSEMBLY   AUGUST 7, 2000
	AMENDED IN ASSEMBLY   JUNE 15, 2000
	AMENDED IN SENATE   MAY 3, 2000
	AMENDED IN SENATE   APRIL 13, 2000

INTRODUCED BY   Senator Alpert

                        FEBRUARY 17, 2000

   An act to amend Sections 52052, 52052.3, 52053, 52054, 52054.5,
52055, 52055.5, 52056, 52057, and 52058 of the Education Code, and to
amend Section 2 of Chapter 3 of the Statutes of 1999, relating to
academic achievement, making an appropriation therefor, and declaring
the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1552, Alpert.  Pupil Achievement:  Public Schools
Accountability Act of 1999.
   (1) Existing law establishes the Public School Performance
Accountability Program consisting of an Academic Performance Index,
an Immediate Intervention/Underperforming Schools Program, and a High
Achieving/Improving Schools Program.  The Public School Performance
Accountability Program requires the Superintendent of Public
Instruction, with approval of the State Board of Education, to
develop the Academic Performance Index (API), consisting of a variety
of indicators, to be used to measure the performance of schools.  A
school selected to participate in the Immediate
Intervention/Underperforming Schools Program is required to comply
with certain requirements, including, but not limited to, completing
an action plan to improve the academic achievement of the pupils
enrolled at the school.  Existing law requires the Superintendent of
Public Instruction to annually publish API rankings, and requires the
governing board of a school district to discuss the results at a
regularly scheduled meeting.
   Existing law appropriates $96,150,000 from the General Fund to the
Superintendent of Public Instruction for allocation to school
districts that meet or exceed the requirements of the Governor's High
Achieving/Improving Schools Program, for allocation and expenditure
in the 2001-02 fiscal year.
   This bill would make clarifying changes in those provisions
pertaining to the indicators used to evaluate the performance of
schools in the API.  The bill would instead make that appropriation
available for allocation and expenditure in the 2000-01 fiscal year,
thereby making an appropriation.
   The bill would provide that the action plan may propose to
increase up to a full 12 months the amount of time for which
certificated employees are contracted, if prescribed conditions are
met.
   (2) The High Achieving/Improving Schools Program requires, by
January 31, 2002, each school district with schools participating in
the Immediate Intervention/Underperforming Schools Program to submit
to the Superintendent of Public Instruction an evaluation of the
impact, costs, and benefits of the program.
   This bill would instead require that evaluation to be submitted by
November 30, subsequent to the first full year of action plan
implementation by participating schools and on November 30 of each
subsequent year.  By imposing new duties on school districts
regarding deadlines for submitting this evaluation, the bill would
impose a state-mandated local program.
   (3) The Immediate Intervention/Underperforming Schools Program
requires the Superintendent of Public Instruction, with the approval
of the State Board of Education, to invite schools that scored below
the 50th percentile on the statewide achievement tests administered
in the Spring of 1998 and 1999 to participate in that program.  Under
existing law, schools selected for participation in the program are
required to be notified by the Superintendent of Public Instruction
no later than September 1 of each year.
   This bill would require, by September 15 of each year, the
Superintendent of Public Instruction, with the approval of the State
Board of Education, to identify schools that failed to meet their API
growth targets and that have an API below the 50th percentile
relative to all other public elementary, middle, and high schools and
to invite those schools to participate in the program, and would
prescribe various matters related to participation, including,
awarding a $50,000 planning grant to each school selected to
participate on or before October 15, 2000, of each year.
  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   (5) This bill would incorporate additional changes in Section
52057 of the Education Code, proposed by S.B. 961, to be operative
only if S.B. 961 and this bill are both chaptered and become
effective on or before January 1, 2001, and this bill is chaptered
last.
   (6) This bill would declare that it is to take effect immediately
as an urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 52052 of the Education Code is amended to read:

   52052.  (a) (1) By July 1, 1999, the Superintendent of Public
Instruction, with approval of the State Board of Education, shall
develop an Academic Performance Index (API), to measure the
performance of schools, especially the academic performance of
pupils, and to demonstrate comparable improvement in academic
achievement by all numerically significant ethnic and
socioeconomically disadvantaged subgroups within schools.
   (2) For purposes of this section, a numerically significant ethnic
or socioeconomically disadvantaged subgroup is a subgroup that
constitutes at least 15 percent of a school's total pupil population
and consists of at least 30 pupils.  An ethnic or socioeconomically
disadvantaged subgroup of at least 100 pupils constitutes a
numerically significant subgroup, even if the subgroup does not
constitute 15 percent of the total enrollment at a school.
   (3) The API shall consist of a variety of indicators currently
reported to the State Department of Education including, but not
limited to, the results of the achievement test administered pursuant
to Section 60640, attendance rates for pupils and certificated
school personnel for elementary schools, middle schools, and
secondary schools, and the graduation rates for pupils in secondary
schools.
   (A) The pupil data collected for the API that comes from the
achievement test administered pursuant to Sections 60640 and 60644
and the high school exit examination administered pursuant to Section
60851, when fully implemented, shall be disaggregated by special
education status, English language learners, socioeconomic status,
gender and ethnic group.  Only the test scores of pupils who were
enrolled in a school district in the prior fiscal year may be
included in the test results reported in the API.  Results of the
achievement test and other tests specified in subdivision (b) shall
constitute at least 60 percent of the value of the index.
   (B) Before including high school graduation rates and attendance
rates in the index, the Superintendent of Public Instruction shall
determine the extent to which the data is currently reported to the
state and the accuracy of the data.
   (C) If the Superintendent of Public Instruction determines that
accurate data for these indicators is not available, the
Superintendent of Public Instruction shall report to the Governor and
the Legislature by September 1, 1999, and recommend necessary action
to implement an accurate reporting system.
   (b) Pupil scores from the following tests, when available and when
found to be valid and reliable for this purpose, shall be
incorporated into the API:
   (1) The assessment of the applied academic skills matrix test
developed pursuant to Section 60604.
   (2) The nationally normed test as augmented pursuant to paragraph
(1) of subdivision (f) of Section 60644.
   (3) The high school exit examination.
   (c) Based on the API, the Superintendent of Public Instruction
shall develop, and the State Board of Education shall adopt, expected
annual percentage growth targets for all schools based on their API
baseline score as measured in July 1999.  Schools are expected to
meet these growth targets through effective allocation of available
resources.  For schools below the statewide API performance target
adopted by the State Board of Education pursuant to subdivision (d),
the minimum annual percentage growth target shall be 5 percent of the
difference between a school's actual API score and the statewide API
performance target, or one API point, whichever is greater.  Schools
at or above the statewide API performance target shall have, as
their growth target, maintenance of their API score above the
statewide API performance target.  However, the State Board of
Education may set differential growth targets based on grade level of
instruction and may set higher growth targets for the lowest
performing schools because they have the greatest room for
improvement.  To meet its growth target, a school shall demonstrate
that the annual growth in its API is equal to or more than its
schoolwide annual percentage growth target and that all
numerically-significant ethnic and socioeconomically disadvantaged
subgroups, as defined in subdivision (a) of Section 52052, are making
comparable improvement.
   (d) Upon adoption of state performance standards by the State
Board of Education, the Superintendent of Public Instruction shall
recommend, and the State Board of Education shall adopt, a statewide
API performance target that includes consideration of performance
standards and represents the proficiency level required to meet the
state performance target.  When fully developed, schools may either
meet the state target or meet their growth targets to be eligible for
the Governor's Performance Award Program as set forth in Section
52057.
   (e) Beginning in June 2000, the API shall be used for both of the
following:
   (1) Measuring the progress of schools selected for participation
in the Immediate Intervention/Underperforming Schools Program
pursuant to Section 52053.
   (2) Ranking all public schools in the state for the purpose of the
High Achieving/Improving Schools Program pursuant to Section 52056.

   (f) Only comprehensive high schools, middle schools, and
elementary schools that have a population of 100 or more pupils may
be included in the API ranking.
   (g) By July 1, 2000, the Superintendent of Public Instruction,
with the approval of the State Board of Education, shall develop an
alternative accountability system for schools with fewer than 100
pupils, and for schools under the jurisdiction of a county board of
education or a county superintendent of schools, community day
schools, and alternative schools, including continuation high schools
and independent study schools.
  SEC. 2.  Section 52053 of the Education Code is amended to read:
   52053.  (a) The Immediate Intervention/Underperforming Schools
Program is hereby established.  By August 15, 1999, the
Superintendent of Public Instruction, with the approval of the State
Board of Education, shall invite schools that scored below the 50th
percentile on the achievement tests administered pursuant to Section
60640 both in the spring of 1998 and in the spring of 1999 to
participate in the Immediate Intervention/Underperforming Schools
Program.  A school invited to participate may take any action not
otherwise prohibited under state or federal law and that would not
require reimbursement by the Commission on State Mandates to improve
pupil performance.
   (b) The total number of schools participating in the program in
1999 shall be 430.  Unless subdivision (d) applies, schools that
apply will be selected based on the order in which they apply within
ranks of deciles, not to exceed 86 per decile, within the following
grade level categories:
   (1) No more than 301 elementary schools.
   (2) No more than 78 middle schools.
   (3) No more than 52 high schools.
   (c) The 86 schools selected within each decile range pursuant to
subdivision (b) shall proportionately represent elementary, middle,
and high schools and shall provide statewide proportionate geographic
representation of urban and rural schools.
   (d) If fewer than the number of schools in any grade level
category apply, schools that scored below the 50th percentile in
those grade level categories that did not apply for the program shall
randomly be selected by the Superintendent of Public Instruction,
with the approval of the State Board of Education, to participate
based on their proportional representation in the state until the
number of schools in each grade level category set forth in
subdivision (b) is achieved.
   (e) If more than the requisite number of schools apply for any
grade level category, the Superintendent of Public Instruction shall
select an array of schools that reflect a broad range of academic
performance of schools that scored below the 50th percentile, until
the number of schools in each grade level category set forth in
subdivision (b) is achieved.
   (f) A school selected to participate on or before September 1,
1999, shall be awarded a planning grant from funds appropriated
pursuant to paragraph (1) of subdivision (a) of Section 2 of the act
adding this section in the amount of fifty thousand dollars
($50,000).  A school selected to receive federal funds pursuant to
paragraph (2) of subdivision (a) of Section 2 of the act adding this
section shall be awarded an implementation grant in an amount of at
least fifty thousand dollars ($50,000) pursuant to Public Law 105-78.

   (g) Schools receiving funding under paragraph (2) of subdivision
(a) of Section 2 of the act adding this section shall comply with
Public Law 105-78.
   (h) By September 15, 2000, and each year thereafter, the
Superintendent of Public Instruction, with the approval of the State
Board of Education, shall identify schools that failed to meet their
Academic Performance Index (API) growth targets and that have an API
below the 50th percentile relative to all other public elementary,
middle or high schools.  The Superintendent of Public Instruction
shall invite these schools to participate in the Immediate
Intervention/Underperforming Schools Programs.  A school invited to
participate may take any action to improve pupil performance not
otherwise prohibited under state or federal law and that would not
require reimbursement by the Commission on State Mandates.
   (i) The total number of schools selected for participation in the
program shall be no more than the number that can be funded through
the total appropriation for the planning grants referenced in
subdivision (l) below.
   (j) If fewer schools apply for participation than can be funded,
the Superintendent of Public Instruction, with the approval of the
State Board of Education, shall randomly select the balance of
schools from schools eligible to participate that did not apply.
Insofar as possible, the schools randomly selected should reflect a
representative proportion of elementary, middle and high schools, as
well as a broad range of academic achievement.
   (k) If more schools apply for participation than can be funded,
the schools shall be selected on the order in which they apply.
Insofar as possible, the schools randomly selected should reflect a
representative proportion of elementary, middle and high schools, as
well as a broad range of academic achievement.
   (l) A school selected to participate on or before October 15,
2000, and each year thereafter, shall be awarded a planning grant
from funds appropriated pursuant to this act of fifty thousand
dollars ($50,000).
   (m) Schools selected for participation in the program shall be
notified by the Superintendent of Public Instruction no later than
October 15 of each year.
  SEC. 2.5.  Section 52052.3 of the Education Code, as added by
Chapter 71 of the Statutes of 2000, is amended to read:
   52052.3.  Test scores of pupils who are in the first year of
enrollment in a high school district, but who, in the prior year,
were enrolled in an elementary school district that normally
matriculates to the high school district, shall be included in the
Academic Performance Index, as provided in Section 52052.
  SEC. 3.  Section 52054 of the Education Code is amended to read:
   52054.  (a) By November 15 of the year that the school is selected
to participate, the governing board of a school district having
jurisdiction over a school selected for participation in the program
shall contract with an external evaluator from the list of external
evaluators and shall appoint a broad-based schoolsite and community
team, consisting of a majority of nonschoolsite personnel.  In a
school that has a limited-English-proficient pupil population that
constitutes at least 40 percent of the total pupil population, an
external evaluator shall have demonstrated experience in working with
a limited-English-proficient pupil population.  Not less than 20
percent of the members of the team shall be parents or legal
guardians of pupils in the school.
   (b) The selected external evaluator shall solicit input from the
parents and legal guardians of the pupils of the school.  At a
minimum, the evaluator shall do all of the following:
   (1) Inform the parents and legal guardians, in writing, that the
school has been selected to participate in the Immediate
Intervention/Underperforming Schools Program due to its below average
performance.
   (2) Hold a public meeting at the school, in cooperation with the
principal, to which all parents and legal guardians of pupils in the
school receive a written invitation.  The invitation to the meeting
may be combined with the written notice required by paragraph (1).
   (3) Solicit, at the public meeting, the recommendations and
opinions of the participating parents and legal guardians of pupils
in the school regarding actions that should be taken to improve the
performance of the school.  These opinions and recommendations shall
be considered by the external evaluator and the community team in the
development of the action plan pursuant to this section.
   (4) Notify all parents and legal guardians of pupils in the school
of their opportunity to provide written recommendations of actions
that should be taken to improve the performance of the school which
shall be considered by the external evaluator and the community team
in the development of the action plan pursuant to this section.
Notice required by this subdivision may be combined with the written
notice required by paragraph (1).
   (c) By February 15 of the school year in which the school is
selected to participate, the selected external evaluator, in
collaboration with the broad-based schoolsite and community team
selected pursuant to subdivision (a), shall complete a review of the
school that identifies weaknesses that contribute to the school's
below average performance, make recommendations for improvement, and
begin to develop an action plan to improve the academic performance
of the pupils enrolled at the school.  The action plan shall include
percentage growth targets at least as high as the annual growth
targets adopted by the State Board of Education pursuant to Section
52052.  The action plan shall include an expenditure plan and shall
be of a scope that does not require expenditure of funds in excess of
those provided pursuant to this article or otherwise available to
the school.  The action plan may not be of a scope that requires
reimbursement by the Commission on State Mandates for its
implementation.
   (d) At a minimum, the action plan shall do all of the following:
   (1) Review and include the school and district conditions
identified in the school accountability report card pursuant to
Section 33126.
   (2) Identify the current barriers at the school and district
toward improvements in pupil achievement.
   (3) Identify schoolwide and districtwide strategies to remove
these barriers.
   (4) Review and include school and school district crime
statistics, in accordance with Section 628.5 of the Penal Code.
   (5) Examine and consider disaggregated data regarding pupil
achievement and other indicators to consider whether all groups and
types of pupils make adequate progress toward short-term growth
targets and long-term performance goals.  The disaggregated data to
be included and considered by the plan shall, at a minimum, provide
information regarding the achievement of English language learners,
pupils with exceptional needs, pupils who qualify for free and
reduced price meals, and all pupils, by race, ethnicity, and gender.

   (6) Set short-term academic objectives pursuant to Section 52052
for a two-year period that will allow the school to make adequate
progress toward the growth targets established for each participating
school for pupil achievement as measured by all of the following to
the extent that the data is available for the school:
   (A) The achievement test administered pursuant to Section 60640.
   (B) Graduation rates for grades 7 to 12, inclusive.
   (C) Attendance rates for pupils and school personnel for
elementary, middle, and secondary schools.
   (D) Any other indicators approved by the State Board of Education.

   (e) The school action plan shall focus on improving pupil academic
performance, improving the involvement of parents and guardians,
improving the effective and efficient allocation of resources and
management of the school, and identifying and developing solutions
that take into account the underlying causes for low performance by
pupils.
   (f) The team, in the development of the action plan, shall consult
with the exclusive representatives of employee organizations, where
they exist.
   (g) The school action plan may propose to increase the number of
instructional days offered at the schoolsite and also may propose to
increase up to a full 12 months the amount of time for which
certificated employees are contracted, if all of the following
conditions are met:
   (1) Provisions of the plan proposed pursuant to this subdivision
shall not violate current applicable collective bargaining
agreements.
   (2) An agreement is reached with the exclusive representative
concerning staffing specifically to accommodate the extended school
year or 12-month contract.
   (h) The team, in the development of the action plan, shall consult
with the exclusive representatives of employee organizations, where
they exist.
   (i) Upon its completion, the action plan shall be submitted to the
governing board of the school districts for its approval.  After the
plan is approved, but no later than May 15 of the year that follows
the year the school is selected to participate, the plan shall be
submitted to the Superintendent of Public Instruction with a request
for funding in the form prescribed by the Superintendent of Public
Instruction, who shall review the school action plan and recommend
approval or disapproval of the school's request for funding to the
State Board of Education.
   (j) Not later than July 15 of the year next following the year in
which a school is selected for participation, the State Board of
Education shall review and approve or disapprove the school's request
for funding, based on the recommendation of the Superintendent of
Public Instruction.  Within thirty days of the State Board of
Education's review, the State Superintendent of Public Instruction
shall notify the effected school districts of the state of the board'
s action regarding the request for funding.  In conjunction with its
approval of a request for funding to implement a school's action
plan, the State Board of Education may, at the request of the
governing board of the school district or the county board of
education for a school under its jurisdiction, waive all or any part
of any provision of this code, or any regulation adopted by the State
Board of Education, controlling any of the programs listed in clause
(i) of subparagraph (B) of paragraph (1) of subdivision (a) of
Section 54761 and Section 64000 if the waiver does not result in a
decrease in the instructional time otherwise required by law or
regulation or an increase in state costs and is determined to be
consistent with subdivision (a) of Section 46300.
  SEC. 4.  Section 52054.5 of the Education Code is amended to read:

   52054.5.  Subject to the appropriation of funds for this purpose
in the Budget Act, a school whose application is approved shall
receive a grant for implementing the program, in each subsequent
fiscal year that it participates in the program, in an amount up to
two hundred dollars ($200) per pupil enrolled in the school, with a
minimum allocation of fifty thousand dollars ($50,000) per
schoolsite.  As a condition of receiving this funding, a
participating school or the school district having jurisdiction over
that school shall match the amount of state funding from any new or
existing sources of funding.  To help meet this matching requirement,
a participating school and the governing board of the school
district having jurisdiction over that school shall receive maximum
flexibility in the expenditure of any new or existing categorical
funds not otherwise prohibited by state or federal law and shall
redirect for the purposes of their academic improvement plan new or
existing categorical or general purpose funds.
  SEC. 5.  Section 52055 of the Education Code is amended to read:
   52055.  The governing board of a school that fails to meet its
annual short-term growth target within 12 months following receipt of
funding pursuant to Section 52054.5 shall hold a public hearing at a
regularly scheduled meeting to ensure that members of the school
community are aware of the lack of progress.  The governing board of
the school district shall, upon consultation with the external
evaluator and the schoolsite and community team selected pursuant to
Section 52054, choose from a range of interventions for the school,
including reassignment of school personnel to the extent authorized
by law, negotiation of site-specific amendments to collective
bargaining agreements, or other changes deemed appropriate, in order
to continue implementing the action plan approved pursuant to Section
51054, and to make progress toward meeting the school's growth
target.
  SEC. 6.  Section 52055.5 of the Education Code is amended to read:

   52055.5.  (a) Twenty-four months after receipt of funding pursuant
to Section 52054.5, a school that has met or exceeded its growth
target each year shall receive a monetary or nonmonetary award, under
the Governor's Performance Award Program, as set forth in Section
52057.  Funds received pursuant to that section may be used at the
school's discretion.
   (b) Twenty-four months after receipt of funding pursuant to
Section 52054.5, a school that has not met its growth targets each
year, but demonstrates significant growth, as determined by the State
Board of Education, shall continue to participate in the program for
an additional year and to receive funding in the amount specified in
Section 52054.5.  Thirty-six months after receipt of funds pursuant
to Section 52054.5, a school is no longer eligible to receive funding
pursuant to that section.
   (c) A school that does not meet its growth targets within  the
periods described in either subdivision (a) or (b), as applicable,
and has failed to show significant growth, as determined by the State
Board of Education, shall be deemed a low-performing school.
Notwithstanding any other provision of law, the Superintendent of
Public Instruction shall assume all the legal rights, duties, and
powers of the governing board with respect to that school.  The
Superintendent of Public Instruction, in consultation with the State
Board of Education and the governing board of the school district,
shall reassign the principal of that school subject to the findings
in subdivision (e).  In addition to reassigning the principal, the
Superintendent of Public Instruction, in consultation with the State
Board of Education, shall, notwithstanding any other provision of
law, do at least one of the following:
   (1) Revise attendance options for pupils to allow them to attend
any public school in which space is available.  If additional
attendance options are made available, nothing in this option shall
be construed to require either the sending or receiving school
district to incur additional transportation costs.
   (2) Allow parents to apply directly to the State Board of
Education for the establishment of a charter school and allow parents
to establish the charter school at the existing schoolsite.
   (3) Under the supervision of the Superintendent of Public
Instruction, assign the management of the school to a college,
university, county office of education, or other appropriate
educational institution.  However, the Superintendent of Public
Instruction may not assume the management of the school.
   (4) Reassign other certificated employees of the school.
   (5) Renegotiate a new collective bargaining agreement at the
expiration of the existing collective bargaining agreement.
   (6) Reorganize the school.
   (7) Close the school.
   (d) In addition to the actions listed in subdivision (c), the
Superintendent of Public Instruction, in consultation with the State
Board of Education, may take any other action considered necessary or
desirable against the school district or the school district
governing board, including appointment of a new superintendent or
suspension of the authority of the governing board with respect to
the school or schools identified pursuant to subdivision (c).
   (e) Before the Superintendent of Public Instruction may take any
action against a principal pursuant to subdivision (c), the
Superintendent of Public Instruction or a designee of the
superintendent shall hold a public hearing on the matter in the
school district and make both of the following findings:
   (1) A finding that the principal had the authority to take
specific enumerated actions that would have helped the school meet
its performance goals.
   (2) A finding that the principal failed to take specific
enumerated actions pursuant to paragraph (1).
   (f) An action taken pursuant to subdivision (c), (d), or (e) shall
not increase local costs or require reimbursement by the Commission
on State Mandates.
   (g) An action taken pursuant to subdivision (c), (d), or (e) shall
be accompanied by specific findings by the Superintendent of Public
Instruction and the State Board of Education that the action is
directly related to the identified causes for continued failure by a
school to meet its performance goals.
  SEC. 7.  Section 52056 of the Education Code is amended to read:
   52056.  (a) The High Achieving/Improving Schools Program is hereby
established.  Commencing in June 2000, and every June thereafter,
the Superintendent of Public Instruction, with approval of the State
Board of Education, shall rank all public schools based on the
Academic Performance Index established pursuant to Section 52052.
The schools shall be ranked by the value of the API in decile
categories by grade level of instruction provided and shall include
three categories:  elementary, middle, and high school.  The schools
shall also be ranked by the value of the API when compared to schools
with similar characteristics.  Commencing in June 2001, the
Superintendent of Public Instruction shall also report the target
annual growth rates of schools, and the actual growth rates attained
by the schools.  For purposes of this section, similar
characteristics include, but are not limited to, the following
characteristics, insofar                                           as
data is available from  the State Department of Education's data:
pupil mobility, pupil ethnicity, pupil socioeconomic status,
percentage of teachers who are fully credentialed, percentage of
teachers who hold emergency credentials, percentage of pupils who are
English language learners, average class size per grade level, and
whether the schools operate multitrack year-round educational
programs.  The Superintendent of Public Instruction shall annually
publish these rankings on the Internet.
   (b) All schools shall report their ranking, including a
description of the components of the API, in their annual school
accountability report card pursuant to Sections 33126 and 35256.
   (c) Following the annual publication of the API and school
rankings by the Superintendent of Public Instruction, the governing
board of each school district shall discuss the results of the annual
ranking at the next regularly scheduled meeting.
  SEC. 8.  Section 52057 of the Education Code is amended to read:
   52057.  (a) The State Board of Education shall establish a
Governor's Performance Award Program to provide monetary and
nonmonetary awards to schools that meet or exceed API performance
growth targets established pursuant to Section 52052, and demonstrate
comparable improvement in academic achievement by all numerically
significant ethnic and socioeconomically disadvantaged subgroups
within schools.  For purposes of this section, an ethnic or
socioeconomically disadvantaged subgroup of at least 100 pupils
constitutes a numerically significant subgroup, even if the subgroup
does not constitute 15 percent of the total enrollment at a school.
   (b) All schools, including schools participating in the Immediate
Intervention/Underperforming Schools Program are eligible to
participate in the Governor's Performance Award Program.  The manner
and form in which the monetary and nonmonetary awards are given shall
be established by the Superintendent of Public Instruction and
approved by the State Board of Education.  The monetary awards shall
be made available on either a per pupil or per school basis, not to
exceed one hundred fifty dollars ($150) per pupil enrolled and
subject to funds appropriated in the annual Budget Act.  A school
that continues to show improvement in successive years is eligible to
receive annual bonuses.
   (c) In addition to or in substitution of monetary awards, the
Superintendent of Public Instruction may establish, upon approval by
the State Board of Education, nonmonetary awards that may include,
but are not limited to, classification as a distinguished school,
listing on a published public school honor roll, and public
commendations by the Governor and the Legislature.
   (d) A governing board of a school district or a county board of
education with one or more schools under its jurisdiction that are
eligible to receive an award from the Governor's Performance Award
Program may request on behalf of those schools that the State Board
of Education waive all or any part of any provision of this code, or
any regulation adopted by the State Board of Education, controlling
any of the programs listed in clause (i) of subparagraph (B) of
paragraph (1) of subdivision (a) of Section 54761 and Section 64000.
The board may grant the request if the waiver does not result in a
decrease in the instructional time otherwise required by law or
regulation or an increase in state costs and is determined to be
consistent with subdivision (a) of Section 46300.  The waiver shall
be granted for no more than three consecutive fiscal years.  A
governing board of a school district or a county board of education
may request a renewal for schools under their jurisdiction that still
meet the eligibility criteria.
   (e) The waiver granted pursuant to subdivision (d) of Section
52057 may also provide the governing board of a school district or a
county board of education with maximum flexibility, on the part of
eligible schools within the districts, in the expenditure of any new
or existing categorical funds not otherwise prohibited under state or
federal law to enable the school to continue improvement in pupil
performance.
  SEC. 8.5.  Section 52057 of the Education Code is amended to read:

   52057.  (a) The State Board of Education shall establish a
Governor's Performance Award Program to provide monetary and
nonmonetary awards to schools that meet or exceed API performance
growth targets established pursuant to Section 52052, and demonstrate
comparable improvement in academic achievement by all numerically
significant ethnic and socioeconomically disadvantaged subgroups
within schools.  For purposes of this section, an ethnic or
socioeconomically disadvantaged subgroup of at least 100 pupils
constitutes a numerically significant subgroup, even if the subgroup
does not constitute 15 percent of the total enrollment at school.
   (b) All schools, including schools participating in the Immediate
Intervention/Underperforming Schools Program are eligible to
participate in the Governor's Performance Award Program.  The manner
and form in which the monetary and nonmonetary awards are given shall
be established by the Superintendent of Public Instruction and
approved by the State Board of Education.  The monetary awards shall
be made available on either a per pupil or per school basis, not to
exceed one hundred fifty dollars ($150) per pupil enrolled and
subject to funds appropriated in the annual Budget Act.  A school
that continues to show improvement in successive years is eligible to
receive annual bonuses.
   (c) In addition to or in substitution of monetary awards, the
Superintendent of Public Instruction may establish, upon approval by
the State Board of Education, nonmonetary awards that may include,
but are not limited to, classification as a distinguished school,
listing on a published public school honor roll, and public
commendations by the Governor and the Legislature.
   (d) A governing board of a school district or a county board of
education with one or more schools under its jurisdiction that are
eligible to receive an award from the Governor's Performance Award
Program may request on behalf of those schools that the State Board
of Education waive all or any part of any provision of this code, or
any regulation adopted by the State Board of Education, controlling
any of the programs listed in clause (i) of subparagraph (B) of
paragraph (1) of subdivision (a) of Section 54761 and Section 64000,
and the board may grant the request if the waiver does not result in
a decrease in the instructional time otherwise required by law or
regulation or an increase in state costs and is determined to be
consistent with subdivision (a) of Section 46300.  The waiver shall
be granted for no more than three consecutive fiscal years.  A
governing board of a school district or a county board of education
may request a renewal for schools under their jurisdiction that still
meet the eligibility criteria.
   (e) The waiver granted pursuant to subdivision (d) of Section
52057 may also provide the governing board of a school district or a
county board of education with maximum flexibility, on the part of
eligible schools within the districts, in the expenditure of any new
or existing categorical funds not otherwise prohibited under state or
federal law to enable the school to continue improvement in pupil
performance.
  SEC. 9.  Section 52058 of the Education Code is amended to read:
   52058.  (a) Each school district with schools participating in the
Immediate Intervention/Underperforming Schools Program established
pursuant to Section 52053 shall submit to the Superintendent of
Public Instruction an evaluation of the impact, costs, and benefits
of the program as it relates to the school district and the schools
under its jurisdiction that are participating in the program and
whether or not the schools met their growth targets, with an analysis
of the reasons why the schools have or have not met those growth
targets.  Costs to develop and submit the evaluation shall be funded
with resources provided pursuant to Article 3 (commencing with
Section 52053).  The evaluation shall be submitted by November 30,
subsequent to the first full year of action plan implementation by
participating schools, and on November 30, of each year thereafter.
   (b) By January 15, 2000, the Superintendent of Public Instruction
shall develop, and the State Board of Education shall approve, the
guidelines for a request for proposal for an independent evaluator as
described in this subdivision.  By September 1, 2000, the
Superintendent of Public Instruction shall contract with an
independent evaluator to prepare a comprehensive evaluation of the
implementation, impact, costs, and benefits of the Immediate
Intervention/Underperforming Schools Program and the High
Achieving/Improving Schools Program.  The preliminary results of the
evaluation shall be disseminated to the Legislature, the Governor,
and interested parties no later than March 31, 2002, with a final
report no later than June 30, 2002.  The final report shall include
recommendations for necessary or desirable modifications to the
programs established pursuant to this chapter.
   (c) The evaluations shall consider all of the following:
   (1) Pupil performance data, including, but not limited to, results
of assessments used to determine whether or not schools have made
significant progress towards meeting their growth targets.
   (2) Program implementation data, including, but not limited to, a
review of startup activities, community support, parental
participation, staff development activities associated with
implementation of the program, percentage of fully credentialed
teachers, percentage of teachers who hold emergency credentials,
percentage of teachers assigned outside their subject area of
competence, the accreditation status of the school if appropriate,
average class size per grade level, and the number of pupils in a
multitrack year-round educational program.
   (3) (A) Pupil performance data, and its impact on the API, for
each of the following subgroups:
   (i) English language learners.
   (ii) Pupils with exceptional needs.
   (iii) Pupils that qualify for free or reduced price meals and are
enrolled in schools that receive funds under Chapter 1 of the federal
Elementary and Secondary Education Act of 1965, as amended by the
Augustus F.  Hawkins-Robert T. Stafford Elementary and Secondary
School Improvement Amendments of 1988 (P.L. 100-290).
   (B) Information concerning individual pupils may not be disclosed
in the process of preparing pupil performance data pursuant to this
subdivision.
   (d) The Superintendent of Public Instruction shall recommend and
the State Board of Education shall approve a schedule for biennial
evaluations of the programs established pursuant to this chapter,
subsequent to the evaluation required by this section.  The biennial
evaluations shall be submitted, with appropriate recommendations, by
June 30 of every odd-numbered year, commencing with the year 2003.
  SEC. 10.  Section 2 of Chapter 3 of the Statutes of 1999, of the
First Extraordinary Session, is amended to read:
  Sec. 2.  (a) The sum of one hundred ninety-three million two
hundred thousand dollars ($193,200,000) is hereby appropriated
according to the following schedule:
   (1) Sixty-three million seven hundred four thousand dollars
($63,704,000) from the General Fund to the Superintendent of Public
Instruction for allocation to school districts for purposes of
providing funding for planning and grants for implementing the
Immediate Intervention/Underperforming Schools Program as set forth
in Article 3 (commencing with Section 52053) of Chapter 6.1 of Part
28 of the Education Code.
   (2) Thirty-two million four hundred forty-six thousand dollars
($32,446,000) from the Federal Trust Fund to the Superintendent of
Public Instruction for allocation to school districts for purposes of
providing funding for planning and grants for implementing the
Immediate Intervention/Underperforming Schools Program as set forth
in Article 3 (commencing with Section 52053) of Chapter 6.1 of Part
28 of the Education Code.
   (3) Ninety-six million one hundred fifty thousand dollars
($96,150,000) from the General Fund to the Superintendent of Public
Instruction for allocation to school districts that meet or exceed
performance growth targets established by the board pursuant to the
High Achieving/Improving Schools Program as set forth in Article 4
(commencing with Section 52056) of Chapter 6.1 of Part 28 of the
Education Code.  Funds appropriated pursuant to this paragraph that
have not been allocated by June 30, 2000, shall be available for
allocation and expenditure for purposes of this paragraph in the
2000-01 fiscal year.
   (4) Nine hundred thousand dollars ($900,000) from the General Fund
to the Superintendent of Public Instruction to provide support
services related to programs established by the Public Schools
Accountability Act of 1999 pursuant to Chapter 6.1 (commencing with
Section 52050) of Part 28 of the Education Code.
   (b) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriation made by paragraphs (1) and (3) shall be deemed to be
"General Fund revenues appropriated for school districts," as defined
in subdivision (c) of Section 41202 of the Education Code, for the
1999-2000 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIIIB," as defined
in subdivision (e) of Section 41202 of the Education Code, for the
1999-2000 fiscal year.
  SEC. 11.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
  SEC. 12.  Section 8.5 of this bill incorporates amendments to
Section 52057 of the Education Code proposed by both this bill and SB
961.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2001, (2) each bill
amends Section 52057 of the Education Code, and (3) this bill is
enacted after SB 961, in which case Section 52057 of the Education
Code, as amended by Section 6 of this bill, shall remain operative
only until January 1, 2001, at which time Section 8.5 of this bill
shall become operative.
  SEC. 13.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect.  The facts constituting the necessity are:
   In order to implement the provisions of the Public Schools
Accountability Act of 1999, and to provide clarification, it is
necessary that this bill take effect immediately.
